Samsung Omnia developed a fault

[andie_303]

Keeping a very long story short.....

 

My O/H Samsung Omnia developed a fault where it kept freezing and he had to remove the battery and restart it to get it working again. Then 3 weeks ago the touch screen stopped working - the screen is still on but the touch function does not work.

 

I called Samsung and they arranged a repairer to fix it as it is within it's 12 months warrenty. I was told to send it Special Delivery and given the address.

 

I send it and am told it will be fixed within 10 days. After 10 days passes I call Samsung and am informed it was sent back on on 28th August and that it has probably been delayed with postal strikes - give it to the end of the week and call back.

 

So I call back and they concede it has probably been lost - they don't send their phones back special delivery despite telling me I had to send it to them in that way! so ask what is going to happen about getting a replacement - then I am put on hold. When the operator comes back he tells me that no replacement will be given as the phone was deemed beyond economical repair due to "user mis-use" - now this is a flat out lie and highly convenient when they have lost the phone.

 

So knowing that they are lying and not one to let things go when companies are trying to get out of their responsibilities - LBA's have been prepared and N1's will not be fair behind.

 

So my question is who am I claiming against - the repairer who put the phone in the post or Samsung who facilitated the repair, who tell me I cant get a replacement and who insist I cannot speak to the repairer and have to deal through them? Or both for good measure.

 

Thanks

[BankFodder]

use sue the supplier of the phone.they are the people who are liable to under the sale of goods act.

 

I think you are acting very well on this and I think that your decision to act quickly without any messing around is correct and it is a shame don't react in the same way.

 

However, there is clearly some story here and although it is frustrating, I would suggest delaying why you gather information.

 

I would suggest that you send an SAR's to Samsun and also to the repairers so that you have all paperwork relating to you and to the repair of the phone. This probably won't be necessary because I expect that once you start issuing summonses they will cave in and pay you out -- but you never know. However do be aware of losing your energy and your enthusiasm for the claim during a 40 days that you have to wait for the disclosure. If you decide that you want to sue anyway, then send the SAR now and also send your LBA giving them 14 days before you sue. Then sue. By the time all the deadlines are up you should have your disclosure. I think that in your claim you should also itemise the cost of the SAR is that you are being obliged to make in order to obtain information. Then when it comes to the issue of settlement you can insist on receiving this money as well so that you are not out of pocket by even a single penny.

[buzby]

Sorry to disagree BF - but there's no proof. Similarly, a SAR to Samsung is pointless, as you are not their customer, and £10 to be told that can be wasteful.

 

Your issue is you sent a faulty phone to the repairer. You have a few avenues, and I think they are trying it on. Firstly, as there is no issue when you sent the phone to THEM, it was recieved. I'm also assuming at no time before it got lost, had they told you it was unrepairable?

 

Because without the item, you cannot get the item independently assessed by a different firm, and, as they cannot provide your handset due to their cack-handed returns proceedure, you have every right to require this back, or a working model of the same type.

 

It is academic whether it was faulty or not now - so you simply give them written notice that they have 28 days to return you handset or supply a working replacement, otherwise you will raise a Small Claims Action for the full cost of a replacement. I believe they'll see sense, and supply a working replacement asap.

[andie_303]

Hi BF and Busby and thank you for your responses.

 

Busby, you are correct there was no communication to me before they sent the phone back telling me it was unrepairable - this only came to light after a number of phone calls to try and trace the phone and they have now admitted it to be lost. And as I was told to send the phone special delivery I find it amazing they do not treat their customers phones in the same manner.

 

I think I will send written request as Busby says to both the repairer and Samsung and see what response i get.

 

Just in case does anyone know how I can assess the value of the phone for small claims - I obviously can't claim for the cost of a new one so not sure how to go about calculating what the phone was actually worth.

[buzby]

Don't sell yourself short - any action you take will be for the full cost of replacement as best you can manage for the same make/model. YOU have no need to lower the cost because it was lost, YOU sent it by a fully insured courier and have the proof. If the repairers didn't, that's their tough luck - you want a working phone, not some tat they might have lying around. You may be interested in negotiating downwards later as you come to an 'arrangement', but until then, check either the best currnet price on Amazon or Expansys, or if not there - the best price on eBay foe a similar 'as new' model.

 

They've not been honourable - but there's no reason for you to be silly!

 

[andie_303]

Thanks Busby - will keep you informed of the progress

[buzby]

Please do - but I think you'll get an 'as new' refurb if you pursue it, as they have been tather silly in not protecting themselves. Do also remember that when calculating your loss, the additional time you've been without your cherished handset...

[andie_303]

Well i thought I was getting somewhere but alas I was rather premature.

 

Samsung called and told me that as their agent had neglected to look after my handset correctly they would replace it for me - YAY ME THINKS

 

They give me a model number and say they will send this phone to me. I ask if I can have a little time to look at the spec of the phone on the internet and call them back - they seem quite hesistant but agree.

 

So I look and what do you know - the phone is a newer model but decidely less in terms of spec than the one I had. So I call them and politely refuse their offer as I do not see why I should accept a lower spec phone - mine was a smart phone with windows mobile.

 

The issue they now have is that they say they have none of the same or higher spec available so basically it has become a stalemate with them saying the offer of a newer phone is more than reasonable - me saying a lower spec phone is not reasonable.

 

It has now been left that someone from head office should contact me by the end of today - what does anyone think?

 

Am I entitled to at least the same spec as the one i had rather than a newer but lower spec model?

 

Any ideas of where I go if they say they have no phone to offer me?

[Human Writes]

 

It has now been left that someone from head office should contact me by the end of today - what does anyone think?

 

Am I entitled to at least the same spec as the one i had rather than a newer but lower spec model?

 

Any ideas of where I go if they say they have no phone to offer me?

 

Yes their agents lost the phone initally, they should replace with with a device of equal or higher specifications.

 

If they aren't able to do this this then they need to offer you a cash alternative to allow you to purchase a replacement device of equal or higher specification.

 

If they aren't prepared to do this send Samsung your LBA, setting out what is an acceptable resolution to you, give them a reasonable deadline, if they don't reply then proceed with a claim via money claim online for a refund.

[buzby]

It's good you spotted this before committing yourself - but to be fair to them, the difference in specs is immaterial to the trade, they only see the 'new model' and work on the basis that anything new is better than everything that went before it.

 

If you can identifty a function within your existing handset (GPS, or other ability based on the inbuild WM software package) simply explain that the replacement requires whatever THAT was - it being the reason you purchased the handset in the first place. Hopefully they'll see sense and provide a quick replacement.

[andie_303]

Thanks Busby - I explained to them I use the windows functions all the time i.e. word and excel and the reason for my buying that phone in the first place was it's ability to use those programmes.

 

The last operator was quite honest and admitted that my "older" model was a much higher spec than that of the one they offered me and that the reason I was being offered that one was that was the highest spec phone they had available to offer me.

 

They no longer make the phone I had as it was not "economically viable" for them to produce (mine is only 8 months old so I hope noone elses goes wrong inside of a year otherwise they could be in trouble!), the operator said she didn't know what head office could do as they as a company do not currently produce and windows mobile smart phones!

 

I am not inspired by confidence that they are going to reslove this today either - head office closes at 4!

[andie_303]

Well thank the Lord someone at Samsung can see sense!!

 

Today I have been offered a new model smartphone that also has Windows operating system - it is not released until the 1st October so I cannot get it until then but they have said it will be a brand new one - not a reconditioned one to make up for the incovenience and the waiting

[buzby]

Excellent! I love my Samsung Omnia - so hopefully your new one will knock your socks off!

[andie_303]

Thanks for the help Buzby - the reviews seem fairly positive for the Omnia II and if it's anythng like its predescor i'm sure it'll be great.